Jason Murtagh has represented clients in several different sectors, including financial services, pharmaceuticals, advertising, insurance, and gourmet food services.
Jason’s notable successes include:
- Successfully defending a large client against claims of constructive termination by former employees.
- Defeating claims for vesting of unvested deferred compensation by a terminated employee.
- Obtaining injunctive relief against former employees who had violated a non-compete agreement.
- Winning a case in which one financial services company raided another company’s office by hiring most employees at once.
- Obtaining summary judgment on behalf of a client faced with the potential of significant punitive damages, as well as dismissal of a claim on procedural grounds for another client in a hostile jurisdiction.
- Negotiating extremely favorable settlements for several clients, including a famous actor faced with litigation concerning a personal assistant.
- Most notably, winning a United States Supreme Court case involving significant issues of Constitutional law that are applicable to a variety of different areas.
Jason’s practice focuses on solving problems for businesses of all sizes. He helps employers with issues involving restrictive covenants and non-compete agreements, trade secrets, and intellectual property rights. He knows employment relationships and the issues they pose, and has handled everything from claims of wrongful termination or constructive discharge to defamation, fraud, and breach of contract.
Jason’s clients come first. He understands that legal disputes can be distracting and draining, and he reassures clients at each stage of the process. He has broad experience, from providing advice before an issue arises all the way through trial and appellate litigation. He knows how to try a case and has done so across the United States, in arbitrations and federal and state courts. He is one of very few lawyers who has won an appellate argument before the U.S. Supreme Court.
Jason’s experience extends beyond employment into other business areas, including cases involving products liability, antitrust, and commercial litigation. This breadth of experience allows him to provide practical advice at the intersection of law and business.
Jason is an honors graduate of Cornell Law School and the University of Georgia. After law school, he clerked for the Honorable Diane K. Vescovo in the Western District of Tennessee in Memphis, and then joined Dechert LLP, where he worked until he joined Rubin Fortunato.
- “Judge, Jury, or Arbitrator: Keeping Audiences Engaged and On Your Side,” Pennsylvania Bar Institute 20th Annual Employment Law Institute, co-presenter (2014)
Obtained $780,000 arbitration award, plus attorney’s fees, on breach of contract claim against former employee and successfully defended counterclaims for more than a quarter of a million dollars in incentive awards.
Merrill Lynch v. Lynn, FINRA-DR No. 10-01448, Los Angeles, CA (2011)
Obtained arbitration award of nearly $90,000, plus attorney’s fees, in breach of contract claim against former employee.
Merrill Lynch v. Long, FINRA-DR No. 10-01881, Houston, TX (2011)
Obtained a $950,000 arbitration judgment, including attorney’s fees, on breach of contract claim against former employee.
Merrill Lynch v. Blackburn, FINRA-DR No. 11-01711, New York, NY (2011)
Obtained award of over $1.1 million in damages and attorney’s fees on breach of contract claim and successfully defended former employee’s counterclaims for fraudulent inducement, negligent misrepresentation, breach of contract, and defamation in arbitration.
Merrill Lynch v. Bishop, FINRA-DR No. 09-05841, Fort Lauderdale, FL (2011)
Successfully defended former employee’s compensation and equitable estoppel claims in arbitration.
Canavesi v. Merrill Lynch, FINRA-DR No. 10-04207, Pittsburgh, PA (2011)
Obtained in arbitration $552,875 in compensatory damages, $400,000 in punitive damages, and forum fees against competitor of client for raid of its office.
Merrill Lynch v. Claridge, et al., FINRA-DR No. 09-03424, Bozeman, MT (2010)
Obtained temporary restraining order, preventing former employee from soliciting customers or keeping trade secret information.
Merrill Lynch v. Weitz, et al., No. CV-60871, S.D.Fla. (2009)
Obtained temporary restraining order, preventing former employees from soliciting customers and requiring the return of trade secret information.
Merrill Lynch v. Gregory, et al., No. CV-2009-900186, Cir. Ct. Montgomery Co., AL (2009)
In a 5-4 decision, the U.S. Supreme Court held that the Supremacy Clause prohibits state courts from refusing to allow federal claims against state employees, where they regularly hear analogous claims against other parties.
Haywood v. Drown, 556 U.S. 729 (2009)
On a pre-trial motion, obtained dismissal of all claims against client in bad faith action and successfully defended dismissal on appeal to the U.S. Court of Appeals for the Third Circuit.
Kubrick v. Allstate Insurance, No. 01-06541, 2004 U.S. Dist. LEXIS 358, E.D.Pa. (2004)
Kubrick v. Allstate Insurance, 121 Fed. Appx. 447, 2005 U.S. App. LEXIS 1440, 3rd Cir. (2005)